A Study On Regulation Of Internet Brushing From The Perspective Of Anti-unfair Competition Law

Under the influence of COVID-19 epidemic in recent years,many domestic brick-and-mortar store operators began to transform and carry out the business model of the combination of online and offline physical stores.E-commerce platform also ushered in a new wave of development upsurge.Under this traffic is the king business logic,the higher the sales volume,commodity praise and reputation of the stores on the network,the online store operators will get more traffic and search rankings,and win more competitive advantage.As a result,some online store operators are not focused on how to improve the quality of their goods or services,but through online brushing behavior to quickly improve sales volume,browsing times,store reputation and other data.Since the implementation of the Anti-unfair Competition Law,it has been revised many times and gradually extended to the unfair competition behavior in the network field.In 2022,the Supreme Law recently issued the judicial interpretation of the Anti-unfair Competition Law,which further refined and clarified the applicable provisions of network unfair competition,and there are still some outstanding problems that need to be further studied and regulated.Online brushing behavior,through technical means to deliberately circumvent the existing laws,with the slogan of promotion to provide online store operators with brushing services,there are also some disputes in the process of judicial practice.The behavior of online brushing not only disturbs the normal order of market competition,but also infringes upon the normal legitimate rights and interests of consumers.Therefore,the purpose of choosing this topic is to provide some ideas and suggestions for the legal regulation of online brushing behavior in our country.This paper is divided into five parts.The first part is the introduction.The second part is an overview of online brushing behavior,which analyzes the concept,characteristics,types,causes and the necessity of regulation of online brushing behavior,and selects typical cases to identify the relationship between online brushing behavior and false propaganda behavior and defamation of goodwill behavior from four aspects: subject,object,form of expression and behavior purpose.The third part discusses the shortcomings in the process of judicature,law enforcement and social supervision from the current situation of legislative regulation of China’s Anti-unfair Competition Law.For example,there are some practical problems,such as the lack of responsibility subject,the lack of maneuverability of damage compensation standard,the insufficient use of electronic evidence,the imperfect administrative supervision and the insufficient supervision of e-commerce platform.The fourth part provides some reference for perfecting the legal regulation of the Anti-unfair Competition Law of our country by analyzing the current situation of the regulation of the developed countries in the United States,Germany and Japan.The fifth part is the suggestion of perfecting the regulation of online brushing behavior in our country,focusing on the beneficial exploration from four different aspects,and puts forward some positive countermeasures.From the legislative level,it is proposed to expand the scope of application of the subject of the Anti-unfair Competition Law and clarify the standard of damages;from the judicial level,develop ODR online dispute resolution mechanism,improve the use of electronic evidence in litigation;from the level of law enforcement,set up special law enforcement departments,innovate administrative supervision means,and strengthen the construction of law enforcement team.From the perspective of social supervision,we should improve the supervision of e-commerce platform,fully mobilize the enthusiasm of trade associations,broaden the supervision channels of the masses,and gradually form a comprehensive supervision and governance model with legislation as the leading,law enforcement as the means,and justice as the guarantee.E-commerce platform supervision,trade association supervision,social mass supervision omni-directional multi-level "four-in-one" comprehensive supervision and governance model.In a word,the behavior of online brushing is complex,which requires the joint efforts and joint management of all parties in order to better maintain the fair competition environment of the green network in our country.